[RPPTL LandTen] Ejectment or possession action

[Arthur J. Menor]

Lloyd, there is a statute of limitations issue that could limit the tenant's claim.  See Garden Isles Apts. No. 3 v. Connelly, 546 So.2d 38 (Fla. 4th DCA 1989) and Westinghouse Credit Corporation v. Grandoff Investments, 297 So.2d 104 (Fla. 2d DCA 1974).  I have pulled these cites from a 1997 research memo so they should be Sheperdized.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Monday, April 09, 2012 9:14 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment or possession action

New Question

I have a client who is a landlord in a commercial center.  Lease provides for reimbursement of increase over base year of "insurance due and payable".   Types of insurance are specified.  There is a provision that an insurance bill or copy submitted shall be conclusive evidence of the amount of insurance, subject to manifest error, but no other detail on how cost of insurance is determined.

Tenant is now trying to go back to inception of lease (2005) and challenge inclusion of insurance broker fee in cost of insurance.

Any experience or case law?


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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Tuesday, April 03, 2012 2:36 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Ejectment or possession action

I would say unlawful detainer and/or eviction.

Thank you,                          P Think before you print.

Joseph N. Alexander | Partner
POTTER CLEMENT LOWRY
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone:  352.383.4186
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jnalexander at pcld-law.com<BLOCKED::mailto:jnalexander at pcld-law.com>

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org]<mailto:[mailto:landten-bounces at lists.flabarrpptl.org]> On Behalf Of Anthony J. Horky
Sent: Tuesday, April 03, 2012 12:05 PM
To: landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Ejectment or possession action

Members:  I'm curious to learn whether you think the person in the following fact scenario is a tenant subject to a possession action or not and subject to an ejectment action.  Thank you for your thoughts.

FACTS:  Owner agrees to allow Mrs. Smith to move in to the Owner's condominium in exchange for payment of the electricity bill.  Owner lives in the condominium as well.  After one month, Mrs. Smith stops paying electricity bill.  Owner then demands rent in the amount of $400 per month  which Mrs. Smith initially agrees to pay but the deal terms change when Owner agrees that Mrs. Smith can remain in the unit without paying rent if she will assist Owner with a foreclosure action.   Mrs. Smith at no time paid the $400/month.  Mrs. Smith does assist Owner but now the foreclosure  has been resolved.  In the meantime, Mrs. Smith has invited another person into the unit, refuses to pay rent, remove the visitor or to turn over possession.

Eviction or Ejectment?

Thank you.


Regards,

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Telephone: (561) 226-4628
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Website: www.horkylaw.com<http://www.horkylaw.com/>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
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